Young

Young v. Pollard

Good Law
United States District Court, Northern District of CaliforniaSeptember 3, 20245:23-cv-01240California2,308 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BRIAN JASON YOUNG,

Case No. 23-cv-01240 EJD (PR) Petitioner, ORDER GRANTING MOTION TO

DISMISS; DENYING MOTION FOR

v. HEARING AS MOOT

10 MARCUS POLLARD, Warden, Respondent. (Docket Nos. 23, 24)

13 Petitioner, a state prisoner, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his 2017 amended judgment in Alameda County Superior Court. Dkt. No. 1. The Court screened the petition and found that based on the dates alleged, the issue of timeliness first needed to be addressed. Dkt. No. 17 at 3. The Court directed Respondent to address this issue in an initial response. Id. On December 15, 2023, Respondent filed a motion to dismiss the petition as untimely and wholly 20 unexhausted along with exhibits. Dkt. Nos. 23, 23-1. Petitioner did not file an opposition although given an opportunity to do so. Rather, on August 22, 2024, Petitioner filed a…

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